Hennessy v. . Murdock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which denied a motion for a new trial and ordered judgment in favor of defendant on a nonsuit granted at Circuit. This was an action of trespass, alleged to have been committed by defendant by building a fence upon plaintiff’s premises and thereby closing a lane between the lands owned by the plaintiff and defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which denied a motion for a new trial and ordered judgment in favor of defendant on a nonsuit granted at Circuit. This was an action of trespass, alleged to have been committed by defendant by building a fence upon plaintiff’s premises and thereby closing a lane between the lands owned by the plaintiff and defendant. The facts, so far as material, are stated in the opinion. The conveyance of lot No. 16 from James T. Smith to Nathaniel Garrow, which…
1Opinion of the CourtMaynard, J.
We think the plaintiff and defendant each has title to the fee of the land to the center of the lane in controversey, subject to an easement or common right of passage in the whole lane. Both titles have their source in James T. Smith, who in 1835, owned the entire square, bounded on four sides by public streets, which was then unimproved. He employed one Clark, a surveyor, to subdivide the plot into lots, numbered from one to twenty-nine inclusive, and to make a map of the plot, as thus subdivided, which he filed in the county clerk’s office. Hpon this map there was a public lane or alley…
2Cases cited6 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Snell v. . LevittNew York Court of Appeals · 1888
- Mott v. . MottNew York Court of Appeals · 1877
- Corning v. GouldNew York Supreme Court · 1837
- Woodruff v. . PaddockNew York Court of Appeals · 1892
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3Cited by56 opinions
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Anderson v. Citizens Sav. & Tr. Co.California Supreme Court · 1921
- People v. . UnderhillNew York Court of Appeals · 1895
- Haight v. . LittlefieldNew York Court of Appeals · 1895
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